Allahabad High Court
Prashant Kumar Gupta vs State Of U.P. And 3 Others on 26 November, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:211958
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 41763 of 2025
Prashant Kumar Gupta
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s)
:
Girja Shanker Sen, Krishna Dutt Awasthi
Counsel for Respondent(s)
:
C.S.C.
Court No. - 33
HON'BLE VIVEK SARAN, J.
1. Heard Sri Krishna Dutt Awasthi, learned counsel for the petitioner and Sri R.P. Tiwari, learned Standing Counsel for the State.
2. Instant writ petition has been filed with following prayer:-
"I. Issue a writ order or direction in the nature of mandamus directing the respondents to permit the petitioner to appear in the back paper examination of D.El. Ed.-2017 in the subject Education Evaluation, Action Research & Innovation, in which he could not appear due to sad demise of his father."
3. Learned counsel for the petitioner submitted that the petitioner has failed in the examination of first semester in subjects Education Evaluation, Action Research & Innovation for the D.El.Ed. course due to sudden demise of his father and prays that the petitioner be given a second chance to appear in the said papers. In support of his argument, he placed reliance on the judgement passed by the co-ordinate Bench of this Court passed in Writ-C No. 9773 of 2023 decided on 6.7.2023.
4. Per contra, learned Standing Counsel submits that the directions contained in the judgement and order dated 6.7.2023 passed in Writ -C No. 9773 of 2023 was limited to only those petitioners who had come before this Court.
5. He further submits that the said judgement was put to challenge in Special Appeal Defective No. 123 of 2024 and this Court although rejected the appeal but upheld the restriction for the applicability of the order to the writ petitioners therein alone. He has placed the copy of the judgement dated 13.3.2024 passed by this Court in Special Appeal Defective No. 123 of 2024.
6. Heard learned counsel for the parties and perused the record.
7. It is to be noted that this Court in its order dated 6.7.2023 in Writ- C No. 9773 of 2023 has limited the application of the said judgement in paragraph no. 26 which reads as follows:-
"26. In view of the last argument advanced on behalf of the State, it is provided that the present judgment and order shall not be treated as a binding precedent in relation to those writ petitions which shall be filed after date of this decision and all arguments shall remain open for the State insofar as factual background of such petitions would reflect."
8. Even in the Special Appeal Defective No. 123 of 2024 the Hon'ble Division Bench of this Court while dismissing the said appeal preferred by the State of U.P. had limited the application of judgement in paragraph no. 7, which reads as under:-
"7. In the meanwhile, the order impugned is ordered to be confined to the petitioners in the writ petitions i.e. the same shall not be of general application."
9. Thus, as the directions contained in Writ-C No. 9773 of 2023 (Sakshi and 77 Others vs. State of U.P. and 32 Others) were limited to the writ petitioners therein so such relief as claimed for can be granted to the petitioner.
10. The writ petition lacks merits and is accordingly dismissed.
11. No order as to costs.
(Vivek Saran,J.)
November 26, 2025
Deepika
